| HB 18 | Signed | J. Johnson | This bill clarifies the General Assembly’s intent last session in amending the state’s habitual offender law, specifically (a) that the changes made by the General Assembly were intended to affect minimum mandatory sentences, not sentences where judges had already exercised complete discretion, (b) that the changes were not designed to reduce minimum mandatory sentences associated in the Delaware Code with specific crimes (e.g. illegal gun possession), and (c) allows the sentencing judge to impose probation after the minimum mandatory sentence required by this section. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HABITUAL CRIMINALS. |
| HB 19 | Signed | Mitchell | This bill is a follow-up to House Bill No. 432, a change to the Town of Elsmere’s charter, passed in the 148th General Assembly. HB432 removed a cap on the amount of indebtedness the Town of Elsmere could incur to meet current expenses. This bill clarifies that such borrowing is intended to cover short term cash needs and shall not exceed anticipated revenue for the current fiscal year. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF ELSMERE. |
| HB 26 | Signed | Jaques | This act creates a special license plate for veterans of Operation Desert Storm. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF VEHICLES. |
| HJR 3 | Signed | Jaques | This Joint Resolution directs the Department of Education to present its plan for compliance with the new federal education law - “Every Student Succeeds Act” or “ESSA” – at a meeting of the education committees of both chambers of the General Assembly prior to the completion of the state plan and it’s submission to the federal Department of Education. | DIRECTING THE DEPARTMENT OF EDUCATION TO REVIEW THE STATE ESSA PLAN WITH THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE. |
| HB 32 | Signed | Dukes | This act amends the Charter of the Town of Laurel to allow for tax abatements for a five year period on all improvements of properties, for all zoned properties, located within the Downtown Development District and establishing the condition that all town taxes, fees, etc., are current in order to qualify for such abatement. | AN ACT TO AMEND THE CHARTER OF THE TOWN OF LAUREL RELATING TO TAX EXEMPTION FOR CERTAIN PROPERTIES LOCATED WITHIN DOWNTOWN DEVELOPMENT DISTRICT. |
| SB 12 | Signed | Simpson | This Act explicitly allows ground effect lighting equipment on motorcycles. This extra lighting would increase motorcycle safety by enhancing their visibility. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO LIGHTING EQUIPMENT ON MOTORCYCLES. |
| HB 37 | Signed | Carson | This Act authorizes the Smyrna School District to convey to the Town of Smyrna property located in Kent County, and known as the School Administration Building, to be used by the Town for public purposes, including incorporating the building and property as part of the proposed Duck Creek Regional Library and Community Center at Smyrna. | AN ACT TO AUTHORIZE THE TRANSFER OF CERTAIN PROPERTY LOCATED IN THE TOWN OF SMYRNA. |
| HB 52 | Signed | Brady |
Currently, Rockford Falls Partners, LLC owns the majority of the Bancroft Mills site in Wilmington, Delaware. Delaware’s Division of Parks and Recreation owns a smaller portion of the Bancroft Mills site that the State acquired with the intent of having it serve as an entrance, river crossing and parking area for Alapocas Run State Park. There is currently inadequate public access and parking onsite to meet recreational needs in this portion of the park.This bill authorizes DNREC to engage in a “land swap” with Rockford Falls Partners. The state will convey 1.53 acres of its land to Rockford Falls Partners, and will receive in exchange 3.92 acres of land and river bottom bordering the Brandywine Creek at the Bancroft Mills site, and an easement in perpetuity allowing vehicle, bike, and foot traffic across Rockford Falls property for purposes of accessing state park land. Rockford Falls will further agree to create and maintain a 25 space parking lot and a lawn on the State land at the park entrance, as well as installing a restroom facility and renovating an old train platform for use as a rentable pavilion in the park. This land swap was approved by the Open Space Council on December 7, 2016. | AN ACT AUTHORIZING THE CONVEYANCE OF THE STATE OF DELAWARE'S INTEREST IN CERTAIN LANDS LOCATED IN NEW CASTLE COUNTY, DELAWARE. |
| SB 25 | Enact w/o Sign | Henry | This Act is the second leg of a Constitutional amendment to lengthen the time period during which the Governor must appoint a judicial officer following the occurrence of a vacancy, thereby giving the Governor and State Senate more flexibility in the consideration of vacancies occurring when the State Senate is not in session while preserving the Delaware tradition of quickly filling judicial vacancies. The first leg, Senate Bill No. 275 from the 148th General Assembly, was adopted by two-thirds of the members elected to the General Assembly and publicized in accordance with Article XVI, § 1 of the Delaware Constitution.
From 1897 until 1983, the Delaware Constitution provided that the Governor shall submit his or her appointment to fill a vacancy to a constitutional court within 30 calendar days of a vacancy when the State Senate was not in session. In 1983, the timeframe for the Governor to make an appointment when the State Senate was not in session was lengthened to 60 days, a timeframe for the Governor to make an appointment when the State Senate was in session was added and set at 60 days, and a provision permitting judges to hold over in office for 60 days after their term expired was added. Since 1897, the number of constitutional courts and the number of judges on those courts has increased. As a result, the Governor must now call special sessions of the State Senate for the consideration of judicial nominees more frequently than in the past.
This Act provides more flexibility to the Governor and State Senate in two respects. First, it extends the 60 day period after the occurrence of a vacancy to a 90 day period. The 90 day period strikes a balance between the need to have judicial positions filled quickly to avoid operational disruptions in the court system and the desire to have more flexibility when the General Assembly is not in session. Second, the Act clarifies that the Governor and State Senate may consider a nomination 30 days prior to the occurrence of the vacancy. The Constitution was previously silent on the consideration of nominations prior to the occurrence of a vacancy.
This Act also modifies the time period during which an incumbent judicial officer whose term has expired may hold over in office after the expiration of his or her term from 60 days to 90 days to match the vacancy timeframes. This Act confirms that an incumbent judge whose term has expired has the option to hold over in office for that 90 day period, but is not required to do so.
Finally, this Act makes additional technical corrections to conform existing law on lines 42 through 44, line 46, lines 56 through 58, and line 60 to the guidelines of the Delaware Legislative Drafting Manual. | AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE IV OF THE DELAWARE CONSTITUTION RELATING TO THE APPOINTMENT OF JUDGES. |
| SJR 1 | Signed | McDowell | This Joint Resolution opposes the cost allocation of the Artificial Island Transmission Project as unfair and unduly burdensome to the ratepayers of Delaware and urges PJM to join with Delaware in contesting the cost allocation in the proceedings pending before FERC. | OPPOSING THE ARTIFICIAL ISLAND PROJECT COST ALLOCATION AND URGING PJM TO JOIN DELAWARE AND OTHER PARTIES CONTESTING THE COST ALLOCATION IN PROCEEDINGS CURRENTLY PENDING BEFORE FEDERAL ENERGY REGULATORY COMMISSION. |
